ORD 2012-02 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2012-02 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2011-27 P&Z AMENDING ORDINANCE
NO. 2010-20 P&Z, AMENDING ORDINANCE NO. 2000-14 P&Z,
AMENDING ORDINANCE NO. 99-17 P&Z OF THE TOWN, THE SAME
BEING PD PLANNED DEVELOPMENT NO. 21, WHICH AMENDED THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING
FOR AN AMENDMENT TO EXHIBIT "C", "DEVELOPMENT
STANDARDS", SUBSECTION "A(1 )(c)(ii) PERMITTED USES" TO ADD
A FUEL STATION (ACCESSORY USE TO A GROCERY STORE OR
OTHER ANCHOR TENANT) AND A GROCERY STORE AS A
PERMITTED USE FOR TRACT 1, TO BE OPEN TO THE PUBLIC AND
OPERATED FOR ITS INTENDED PURPOSES AS ALLOWED BY THE
TERMS OF PLANNED DEVELOPMENT NO. 21; PROVIDING FOR AN
AMENDMENT TO SUBSECTION "(A)(1 )(G)(II) MAXIMUM FLOOR
AREA, NUMBER OF BUILDINGS" PROVIDING FOR AN AMENDMENT
TO SUBSECTION "(A)(1)(H) PARKING, LOADING REGULATIONS";
PROVIDING FOR AN AMENDMENT SUBSECTION "(A)(1) PURPOSE"
IS HEREBY AMENDED AS FOLLOWS TO ADD SUBSECTION "(I)
FUEL STATION ACCESSORY USE REGULATIONS"; PROVIDING FOR
AN AMENDMENT TO SUBSECTION "(A)(3) HOURS OF OPERATION";
PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE
COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING APPLICABLE REGULATIONS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 99-17 P&Z of the Town of Trophy Club zoned that
certain tract of land (the "Land"), described as a 13.97 acre tract of land as PO Planned
Development No. 21 (PD-21) for Professional, Business and Retail uses, said tract
generally known as the Trophy Club Plaza; and
WHEREAS, on or about July 18, 2000, Ordinance No. 99-17 P&Z was amended
by the passage of Ordinance No. 2000-14 which allowed the addition of a laundry and
dry cleaning facility to the approved uses in PD-21; and
WHEREAS, on or about May 10, 2010, Ordinance No. 99-17 P&Z was amended
by the passage of Ordinance No. 2010-20 P&Z which allowed outdoor display of
propane for sale inside the Walgreen Co. store; and
WHEREAS, on or about July 18, 2011, No. 99-17 P&Z was amended by the
passage of Ordinance No. 2011-27 P&ZO which allowed a liquor store as a permitted
use on Tract 1; and
WHEREAS, on or about December 13, 2011, the owner of the Land, Regency
Centers L.P., filed an application with the Town Planning and Zoning Commission
requesting an amendment to PD-21 to allow a fuel station (accessory use to a grocery
store or other anchor tenant), as a permitted use; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the proposed amendment to PD-21 came before the Planning and Zoning
Commission and Town Council; and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at the
those public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the adoption of
the amendment to PO Planned Development #21 as set forth in this Ordinance; and
WHEREAS, after due deliberations and consideration of the recommendation of
the Planning and Zoning Commission and the information and other materials received
at the public hearing, the Town Council has concluded that the adoption of this
Ordinance amending PO Planned Development #21 as set forth specifically below is in
the best interests of the Town of Trophy Club, Texas and of the public health, safety
and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously
amended, the same being the Town's Planned Development No. 21, Exhibit "C" entitled
"Development Standards", Subsection "(A)(1)(c)(ii) Permitted Uses" is hereby amended
as follows to add a "Grocery Store" use and "Fuel Station as Accessory to Grocery
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Store or Other Anchor Type Use", placed in alphabetical order in the existing list of
permitted uses, for Tract 1 of PD-21 which shall be and read as set forth below, and all
other articles, chapters, sections, paragraphs, sentences, phrases and words are not
amended but are hereby ratified and affirmed:
A. Purpose:
"1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit "8"): The following
standards shall apply to Tracts 1, 2 & 3, except as otherwise provided:
(c) Permitted Uses: ...
(ii) Other uses permitted include:
Fuel Station Accessory to Grocery Store or Other Anchor Type Use
(Only allowed in Tract 1)
2.02 Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously
amended, the same being the Town's Planned Development No. 21, Exhibit "C" entitled
"Development Standards", Subsection "(A)(1)(g)(ii) "Maximum floor area, number of
buildings" is hereby amended to be and read in its entirety as set forth below, and all
other articles, chapters, sections, paragraphs, sentences, phrases and words are not
amended but are hereby ratified and affirmed:
A. Purpose:
"1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit "8"): The following
standards shall apply to Tracts 1, 2 & 3, except as otherwise provided:
(g) Area and building regulations:
(ii) Maximum floor area, number of buildings: The maximum combined
square footage of all main and accessory buildings shall be 126,563
square feet. No more than six (6) buildings shall be constructed or
located in Tracts 1, 2 & 3. No building shall contain more than 64,100
square feet.
2.03 Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously
amended, the same being the Town's Planned Development No. 21, Exhibit "C" entitled
"Development Standards", Subsection "(A)(1)(h) "Parking, loading regulations", is
hereby amended to be and read in its entirety as set forth below, and all other articles,
ORD 2012-02 Page 30f6
chapters, sections, paragraphs, sentences, phrases and words are not amended but
are hereby ratified and affirmed:
A. Purpose:
"1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit "8"): The following
standards shall apply to Tracts 1, 2 & 3, except as otherwise provided:
(h) Parking. loading regulations: The minimum number of off-street
parking spaces shall be one (I) space for each 215 square feet of building
area. In all other respects, off-street parking shall comply with Section
7.04, Off-Street Parking Requirements of the Comprehensive Zoning
Ordinance. Off-street loading shall be in accordance with Section 7.05,
Off-Street Loading Regulations of the Comprehensive Zoning Ordinance.
Landscaped islands shall, on an overall site plan average, be provided for
every twelve (12) parking spaces. Handicapped parking, including van
accessible spaces, shall be provided according to Town standards."
2.04 Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously
amended, the same being the Town's Planned Development No. 21, Exhibit "C" entitled
"Development Standards", Subsection "(A)(1) Purpose" is hereby amended as follows to
add Subsection "(i) Fuel Station Accessory Use Regulations" which shall be and read in
its entirety as set forth below, and all other articles, chapters, sections, paragraphs,
sentences, phrases and words are not amended but are hereby ratified and affirmed:
A. Purpose:
"1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit "8"): The following
standards shall apply to Tracts 1,2 & 3, except as otherwise provided:
(i) Fuel Station Accessory Use Regulations. A Fuel Station shall only
be allowed on Tract 1 and shall only be allowed as an accessory
use to a Grocery Store or other anchor type use. Only the sale of
fuel shall be allowed."
2.05 Ordinance No. 99-17 P&Z of the Town of Trophy Club, Texas, as previously
amended, the same being the Town's Planned Development No. 21, Exhibit "C" entitled
"Development Standards", Subsection "(A)(3) "Hours of operation", is hereby amended
to be and read in its entirety as set forth below, and all other articles, chapters, sections,
paragraphs, sentences, phrases and words are not amended but are hereby ratified and
affirmed:
ORD 2012-02 Page 4of6
A. Purpose:
"3. Hours of operation of uses: Hours of operation for the uses set forth
herein shall be from 6:00 a.m. to 11 :00 p.m. except the Grocery Store,
Pharmacy, Fuel Station Accessory to Grocery Store or Other Anchor Type
Use, and FitnesslWorkout Facility shall be twenty four (24) hours. No outside
sales of any kind shall be conducted, including but not limited to, truck lot,
pedestrian walkway, tent or other sales. Hours of delivery services shall be
from 6:00 a.m. to 6:00 p.m."
SECTION 3.
APPLICABLE REGULATIONS
In all respects the Land shall be subject to the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
and regulations of the Town.
SECTION 4.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of a" other ordinances of the Town affecting
land and zoning and specifically PD Planned Development #21, and shall not repeal
any of the provisions of those ordinances except in those instances where the
provisions of those Ordinances are in direct conflict with the provisions of this
Ordinance. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force and effect.
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 6.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this Ordinance or application thereof to any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
ORO 2012-02 Page 50f6
affect the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section
52.011 of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance as set forth in the home rule Charter of the Town and by filing
this Ordinance in the Ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 23rd day
of January, 2012.
ATTtFST:
1/
[SEAL]
ORO 2012-02
C nie White, Mayor
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
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